Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-09

tinct portions Of 9 claim. application for
patent may be made by either for tn at portion
OF the claim owned by hun but where several
parties own undivided interests in . mining
claim all should JOIN In an application for .
patent.
A person or association may purchase a.
many placer locations ~ the local law admits.
and embrace them all In one application for q
patent.
Two or more lodes cannot be embraced in
one application for a patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to act 80 Q deputy for the Register and Re-
ceiver cannot be recorded ss evidences.
In all patents for mining claims situated
within the interior boundaries of 4 town site
= clsuse Is inserted excepting and excluding
all town property, rights upon the surface.
and all houses. buildings, structures, lots,
blocks. streets. alleys or other municipal i'm
proveinents not belonging TO the grantee here
In, and all rights necessary or proper 10 the
occupation. possession and enjoyment Of the
same"
Publication Of notice must be made a only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. aud In daily
newspapers 60 days must eispse between the
frat and last insertions.
Where the Register esignates the daily issue
Of q newspaper for publication Of notices Of .
mining application for patent IL IL not q com.
pliance With law 10 change 10 the weekly edi-
ZION OF the same paper without authority Of
the Register.
The existence Of a salt spring on . tract Of
land wfthdraws 1t from the operation Of the
homestead and presumption laws. a hearing
for the purpose Of proving the agricultural
character of euch land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ApvxAsK CLAIMS.
Adverse claimants must file q separate and
distinct claim against zach application which
II IL alleged conflicts with The premises owned
by such adverse man
The papers In an adverse claim, once filed
cannot be Withdrawn but become 81 Q part Of the
record.
When an adverse claim has been fled II can.
not be amended so ~ TO embrace a larger per.
tion of the premises than that described in u.
original adverse claim.
An adverse claim must be made out In
proper form and hlsd In the proper local office
during the period Of publication OF the appli.
cation for the patent to be effective.
1t IL the duty Of the adverse claimant o
commence suit In proper form within the re-
CURED time. and II he trusts ,hs Uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensne, through misfortune OF accident. Should
the failure to commence suit DO the result OF
the cor upt or dishonest seton OF his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which lie bases his adverse
claim. A statement In general terms, embody-
ing conclusions OF law, Without stating the
facts specially, Will not lie considered In evil
dence.
An adverse laimant should show q compli.
ance with the local laws In recording HIS claim
and in regard to expenditures. and shall nle a
copy OF the original notice of his location. and
show the nature or extent OF the conflict
alleged.
An allegation OF parties TO 9 suit that they
compose the company II sufficient. and they
are not required 70 prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LAsDs.
Where land IL Of little, II any value, for agri.
cultural purposes, but 10 essential to the
proper development Of mining claims, II
Where lands containing valuable mineral
deposits have been included in an agricultural
entry. said entry will be cancelled At any time
prior to issuance Of patent. upon satisfactory
evidence Of the existence of such valuable do.
posts.
Where valuable deposits Of mineral are dis.
covered upon q tract sitter the sam( AAs been
entered % agricultural, but before I Aent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled 4.
that portion Of the lane embraced by said
mining claim.
Vucfc miucIht uepObffa are 0i6cOV0r6d on
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make O mining location
dispose OF 1t. provided he becomes 4 cftixep
before disposing OF the mine. Proof that the
party was not Q citizen before disposing Of hts
claim must be affirmatively shown.
Locators and intermediates owners. other
than applicants. will not be presumed aliens,
In the absence OF allegation or objection prior
to issuance OF patent.
The portion Of a mining claim sold to an
an alien; but on his declsrationt o become Q
citizen bis right dates back to hts purchase.
sud he may thereupon secure United States
patent for his claim.
CROSS LEpoKs.
Revised Statutes. Section I. 1880.
where Two or more lodges cross or intersect
each other, priority Of title shall govern, and
such prior locstion shall be entitled 10 ali ore
or mineral cont,ined within the spsce Of inter.
section, but the subsequent location shall have
the night OF way through the space Of inter
sectioh Tor the purpose Of the convenient
WORKING OF the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point Of union, In.
Guiding all the space Of intersection.
TUNNELS.
There 10 no authority Of law for q tunnel
location 5000 by ]. 800 feet. A proper location
Is the width Of the tunnelf for 5000 feet.
There 10 no provision OF law for patenting
tunnel locations. but lodss discovered in run
ming 9 tunnel may be patented In like manner
as other lodes.
The right 10 granted to tunnel owners to
l.bO0 feet OF each blind lode. not previously
known TO exist, which may be discovered In
their tunnel.
When a lode ia struck or discovered for the
nrst time In running q tunnel the tunnel
owners haze the option Of recording their
claim OF y, - fest all on one side OF the point
OF discovery or intersection. or partly on one
side thereof and partly on the other.
Prospecting for blind lodes IL prohibited
the line OF q located tunnel while the tunnel
10 in progress. but other parties are In no way
debarred from prospecting for blind iodes or
running tunnels. so long 10 they keep witho ut
the line Of such tunnsl. plStf